Thread: California Activist Calls For Ban Of Illegal Immigrants From Public Schools

California Activist Calls For Ban Of Illegal Immigrants From Public Schools

Good Luck.

But we already did that in CA. in 1994

and the federal court ruled it unconstitutional.


California Proposition 187

From Wikipedia, the free encyclopedia

Proposition 187
Votes % Yes 5,063,537 58.93% No 3,529,432 41.07% Valid votes 8,592,969 96.54% Invalid or blank votes 307,667 3.46% Total votes 8,900,636 100.00% Registered voters/turnout 14,723,784 60.45%
California Proposition 187 (also known as the Save Our State (SOS) initiative) was a 1994 ballot initiative to establish a state-run citizenship screening system and prohibit illegal aliens from using non-emergency health care, public education, and other services in the State of California. Voters passed the proposed law at a referendum in November 1994. The law was challenged in a legal suit and found unconstitutional by a federal district court. In 1999, Governor Gray Davis halted state appeals of this ruling.

https://en.wikipedia.org/wiki/Califo...roposition_187

Why was it ruled unconstitutional?

It isn't unconstitutional. It was stopped by an injunction pending a trial, not by a ruling. California can reactivate it for trial any day it wants to. Most people don't know that because they read claims that it was "found unconstitutional", when it wasn't. It was just stopped pending a trial on the merits. There was never a trial, the case was never dismissed, and it remains under an injunction pending a trial.

https://ballotpedia.org/California_P...enefits_(1994)

Legal challenges[edit]

The constitutionality of Proposition 187 was challenged by several lawsuits. On November 11, 1994, three days after the bill's passage, Federal Judge W. Matthew Byrne issued a temporary restraining order against institution of the measure, which was filed by State Attorney General Dan Lungren.^[18]

After Judge Mariana Pfaelzer issued a permanent injunction of Proposition 187 in December 1994, blocking all provisions except those dealing with higher education and false documents, multiple cases were consolidated and brought before the federal court. In November 1997, Pfaelzer found the law to be unconstitutional on the basis that it infringed on the federal government's exclusive jurisdiction over matters relating to immigration.^[19]

Pfaelzer also explained that Proposition 187's effect on the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, the Congressional overhaul of the American welfare system, proved that the bill was a "scheme" to regulate immigration:

"California is powerless to enact its own legislative scheme to regulate immigration. It is likewise powerless to enact its own legislative scheme to regulate alien access to public benefits."^[20]

^{https://en.wikipedia.org/wiki/Califo...roposition_187}

Pfaelzer found the law to be unconstitutional on the basis that it infringed on the federal government's exclusive jurisdiction over matters relating to immigration.[19]

There is no federal exclusive jurisdiction over matters relating to immigration in the US Constitution.